근로자퇴직급여보장법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant was the actual operator of C, a company located in Busan and C, who used full-time workers to run feed wholesale and retail business. The Defendant did not pay KRW 1,724,00,000,000,000,000,0000, and 5,543,923, which were retired workers in the above workplace, within 14 days from the date of the above retirement without any agreement between the parties on the extension of the payment deadline.
2. Determination
(a) Applicable legal provisions: Article 109(1) and Article 36 (Payment of Wages) of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Act on Guarantee of Workers' Retirement Benefits (Payments of Retirement Benefits);
(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act (unpaid wages) and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (unpaid amount of retirement wages).
C. On December 22, 2017, after filing a prosecution, the above worker is not subject to punishment.
Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.